Multistate Professional Responsibility Examination (MPRE)Litigation and Other Forms of AdvocacyHard
A prosecutor is pursuing criminal charges against a defendant for a non-violent property crime. After the initial charges are filed, new evidence emerges that strongly suggests the defendant acted under duress, a factor that could significantly mitigate the offense or even lead to an acquittal. The prosecutor reviews this evidence and concludes that while a conviction is still possible, it would be difficult to obtain and might not serve the interests of justice. What is the prosecutor's ethical obligation in this situation?
- AContinue to pursue the charges vigorously, as long as there is probable cause, to maintain the appearance of strength in law enforcement.
- BPromptly disclose the new evidence to the defense and consider whether to modify or drop the charges.
- COffer a plea bargain that reflects a reduced charge, without disclosing the new mitigating evidence to the defense.
- DPresent the evidence to the grand jury for re-evaluation, without informing the defense of the new developments.
Show answer & explanationAnswer & explanation
Correct answer: B. Promptly disclose the new evidence to the defense and consider whether to modify or drop the charges.
A prosecutor has a special ethical obligation to seek justice, not merely to convict. This includes a duty to disclose evidence favorable to the defense, such as mitigating or exculpatory information, and to assess whether continued prosecution is warranted in light of new facts.
Why the other options are wrong
- A. This prioritizes conviction and appearance over justice, which is contrary to a prosecutor's special ethical duties.
- C. Withholding exculpatory or mitigating evidence, even when offering a plea, violates the prosecutor's disclosure obligations.
- D. While presenting to the grand jury might be an option, failing to inform the defense of exculpatory evidence is still a breach of duty.
Special Responsibilities of a Prosecutor
A prosecutor has a special duty to seek justice, not merely to convict, and must make timely disclosure of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense.
- Duty to disclose exculpatory and mitigating evidence.
- Must not prosecute a charge without probable cause.
- Should not seek to obtain from an unrepresented accused a waiver of important pretrial rights.
Memory trick: A 'PROSECUTOR' must always pursue 'JUSTICE', never just a win.